Another day in paradise (from left) Sacky Shanghala, James and Tamson Hatuikulipi in Iceland
Fishrot6 want their money, cars, computers and documents back, this is after Jason Iyambo was arrested on Monday while attempting to bribe an ACC investigator to release four bank cards that belong to Tamson Hatuikulipi and Pius Mwatelulo.
The fishrot6 are former ministers Sacky Shanghala, Bernhard Esau, former Investec managers James Hatuikulipi and Ricardo Gustavo, Esau’s son-in-law Tamson Hatuikulipi, and Pius Mwatelulo.
They are in prison in connection with a N$150m scandal in the fishing sector where Esau facilitated the allocation of fishing quotas to the Icelandic company Samherji. They face fraud, money laundering and tax evasion charges among many others.
They have tried their luck with the courts several times now but each time they have not been successful.
The latest urgent application that has been set down for February 4 2020, is about their assets that were frozen.
Their first application was in December where they wanted the court to release them from custody and drop all the challenges. This was dismissed on 27 December 2019.
They want the search and seizure warrants issued by the Windhoek and Gobabis Magistrates on 23 November and between 9 and 15 December 2019 to be declared unlawful and set aside.
The lawsuit was filed, as always, by Esau who argues that they demand all items searched and seized as a consequence of the joint operation of ACC and Nampol officers by end of business 3 January 2020.
Esau argued that their view that the execution of the search warrants is unlawful on amongst the following grounds:
- Failure to provide an inventory list
- Failure to provide receipts despite making undertakings to do so
- Abuse of search warrant procedure in that the officer of ACC seized a number of items and documents not related to items specified in the search warrant issued on 23 November and 9 December 2019
- The search warrants are vague, overbroad and unintelligible in that it is not specific as to the items to be searched and seized and
- Failure to specify the nature of the offences against them
Esau claims in the documents that when a search was carried out his Dakota Farm, the officers seized his son’s N$60 000, N$18 000 that belonged to the farm. He also said salaries and wage books were taken away.
They have also challenged the Windhoek and Gobabis Magistrates Courts to explain why they authorised the search warrants.
The case has been set down for hearing 4 February 2020.
